Lochan Sao And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.296 of 2018 Arising Out of PS.Case No. -71 Year- 2017 Thana -SC/ST District- JAMUI ======================================================
1. Lochan Sao, Son of Kariman Sao.
2. Lakhan Sao, son of Late Andhi Sao.
3. Malo Sao @ Molo Sao, Son of Lakhan Sao,
4. Nepu Sao, Son of Lekha Sao, All Resident of Village- Kakanchor, P.S. Laxmipur, District- Jamui.
.... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Prakash Mahto, Advocate For the Respondent/s : Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-02-2018 Heard learned counsel for the parties.
This is an appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail by the learned Additional Sessions Judge 1st -cum-Special Judge (S.C./S.T. Act), Jamui, in Jamui SC/ST Police Station Case No.71 of 2017 registered under Sections 341/323/354B/504 of the Indian Penal Code and Sections 3(i) (r)/3(2)(v)(a)/3(1)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Admittedly, the occurrence of abuse and assault took place for land dispute. Hence, the background of allegation would reveal that this matter is of excessive allegation for the purpose of
Patna High Court CR. APP (SJ) No.296 of 2018 (3) dt.23-02-2018 P2/ this appeal.
Considering the aforesaid facts, let the appellants, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellants shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants.
Accordingly, the appeal stands allowed.
(Birendra Kumar, J) Mkr./- U T